The intellectual property rights (IPR) are legal rights granted by the government to the inventor to protect his/her intellectual work; inventions, literary and artistic works, symbols, names, images, and designs used in commerce. IPR is very important in India for the promotion of innovations, creativity, and economic growth, so that individuals and businesses can protect and monetize their original ideas. Common forms of intellectual property rights known in India are patents, copyrights, trademarks, industrial designs, geographical indications, and trade secrets.
India has a vigorous legislative framework of laws as follows, which includes the Patents Act, 1970, the Copyright Act, 1957, the Trademarks Act, 1999, the Designs Act, 2000, and the Geographical Indications of Goods (Registration and Protection) Act, 1999. The Office of the Controller General of Patents, Designs, and Trade Marks, functioning under the Ministry of Commerce and Industry, is the main enforcement agency with regard to these laws.
Apart from this, India is also a signatory to many international conventions and treaties dealing with intellectual property rights, such as the World Intellectual Property Organisation (WIPO), the WTO-TRIPS, and the Berne and Paris conventions. The heightened interest in intellectual property in India underscores its strategic importance in knowledge-based economic development, where it safeguards innovation while allowing for competition based on goodwill and consumer acceptance.
What are Patents?
A patent is an exclusive legal entitlement given to an inventor or an assignee for an invention that is non-obvious, novel, and useful. The patent gives the proprietor the right to prohibit other people from making, using, selling, or distributing the patented invention without permission for a certain amount of time, usually 20 years from the time the patent was filed. In India, patent regulation is provided by the Patents Act of 1970, which was amended by the Patents (Amendment) Act of 2005.
A patent can be granted for a product, process, or method that is new, has an inventive step, and can be used in industry. But inventions related to scientific principles, mathematical methods, traditional knowledge, or abstract ideas cannot be protected by a patent in India.
Patent application procedure in India includes a few major steps:
- Filing of a patent application with full specifications.
- Publication of the application within 18 months.
- Application for examination.
- Examination and hearing any objections.
- Granting of the patent after successful resolution of any matter.
India’s patent regime is managed by the Controller General of Patents, Designs, and Trade Marks (CGPDTM). When a patent is issued, the inventor has the lawful right to monetize or sell the invention to others, generating revenue from their idea.
Patents encourage technological advancement by incentivizing innovation and adding to public knowledge after the term of the patent expires. They are crucial in fields like medicine, engineering, biotechnology, and information technology. To conclude, patents are vital for the protection of intellectual property as well as research-driven economic advancement.
Features of a Patent
The following attributes emphasise the importance of patents as a critical means of protecting inventions and stimulating research and development.
- Exclusive Rights: This provides the inventor with the sole right to make, use, sell, or license the invention for a limited period of time.
- Legal Protection: It keeps others from duplicating, using, or selling patented inventions without permission.
- Novelty: The invention should be novel and not made available to the public anywhere in the world before the application.
- Inventive Step (Non-obviousness): The invention should not be obvious to a person having ordinary skill in the related field.
- Industrial Applicability: The invention should have industrial applicability.
- Territorial Rights: A patent is only valid within the nation where it has been granted. For overseas protection, several applications have to be filed.
- Time-Bound Protection: Patents in India are issued for 20 years from the application date, after which the invention falls into the public domain.
- Public Disclosure: Patent records are made publicly available, facilitating the sharing of knowledge.
- Patentability Criteria: Patents are not available for abstract ideas, natural laws, and traditional knowledge in India.
- Right to Lease or Sell: Patent proprietors can pass on or rent out their rights to others for commercial use.
What is Patent Search in India?
Indian patent search involves the examination of existing patents and pending patent applications to ascertain whether an invention is novel and patentable. This is a crucial process that is conducted prior to applying for a patent registration, ensuring that the innovation has not been published or patented elsewhere, including in India.
Patent searching is very important to identify prior art, i.e., anything published with respect to the invention. This may be earlier patents, patent publications, scientific articles, technical reports, or public statements. If prior art suggests that the invention is known or obvious, then it is not eligible to be patented.
Patent searches are performed in India via the Indian Patent Advanced Search System (InPASS), an online system supervised by the Controller General of Patents, Designs, and Trademarks (CGPDTM). Indian patents can be searched based on various parameters by users, such as application number, publication date, name of the inventor, assignee, classification, and keywords.
There are several kinds of patent searches:
- A novelty search to see if an invention is novel.
- A freedom to operate (FTO) search to ensure that no existing patents are infringed upon.
- Patentability and state-of-the-art searches to uncover recent developments in a specific area.
A patent search is a prudent legal and strategic move for inventors, business ventures, and research organisations. It conserves time, money, and effort by preventing duplication and raising the chances of receiving a proper patent grant.
Process of Patent Search in India
A patent search is an important step in the patent process. It determines whether an invention is novel and non-obvious and helps determine whether there are existing patents or published applications that may affect the patentability of new creations.
The patent search process in India is necessary for determining the patentability of an invention, avoiding risks of infringement, and allowing informed decision-making prior to filing. InPASS provides a simple and authoritative tool for Indian inventors and applicants, which, when appropriately utilised, increases the effectiveness and success ratio of patent applications.
1. Define the Invention Clearly
In order to start the search, the inventor or the applicant must clearly state the following:
- Technical features of the invention
- The issue it solves
- Unique elements or advancements over existing technologies
This accuracy helps in developing effective keywords and search strategies.
2. Identify Relevant Keywords and Technical Terms
Make a list of relevant keywords for the innovation, including its title, functional and structural features, synonyms, and variants.
These words are vital for doing thorough searches, particularly from patent databases.
3. Access the Indian Patent Database (InPASS)
You can access the Indian Patent Advanced Search System (InPASS) from the official website: https://iprsearch.ipindia.gov.in/PublicSearch/. This database provides access to Indian granted patents, published patent applications, and the patent document legal status.
4. Execute Both Quick and Advanced Searches
Two main types of search options exist:
- Quick Search: Enter basic fields like title, abstract, inventor name, and application number.
- Advanced Search: Use Boolean operators (AND, OR, NOT), IPC classes, filing dates, assignee names, and more to narrow results.
5. Analyse the Search Results
- Check the patents or publications that have been identified.
- Compare their technical claims with your invention.
- Identify any similarities or infringements.
This step is critical for determining the novelty and inventiveness of your invention.
6. Use International Databases for a Comprehensive Search
InPASS focuses on Indian patents, but inventions must also be searched in Google Patents, WIPO’s PATENTSCOPE, and the Espacenet of the European Patent Office.
This helps to establish worldwide originality and avoid infringement upon patents filed elsewhere.
7. Obtain Professional Help (Optional but Recommended)
Patent searching may be complex and technical. Hiring a patent lawyer or registered patent agent can offer:
- Assurance of completeness and accuracy.
- Correct interpretation of the results.
- Advice on what to do next, i.e., drafting and filing.
8. Document and Keep a Record of Findings
Keep a record of:
- Search terms and combinations used
- Databases searched
- Patent numbers and abstracts found.
This record is useful for reference when going through the examination and filing process.
Why is Patent Search Important?
The quality and success of a patent application are largely dependent on the results of a patent search, which is an important step towards obtaining a patent. Patent search comprises looking at existing patents and public disclosures to determine if an idea is novel, innovative, and patentable. A patent search is crucial for inventors, companies, researchers, and lawyers for several reasons.
Patent search is a strategic weapon that will protect legally, direct innovation, reduce risks, and improve the technical and financial viability of an invention. It is not merely a procedural step. Whether the inventor is an individual, a small or medium enterprise, or a big company, conducting a patent search is a wise first step in developing a winning intellectual property strategy.
- Tests the Patentability of an Invention: A patent search can determine whether an invention is novel and non-obvious. If there are similar technologies or prior art, the invention would not be patentable. This process assists in preventing the waste of time in coming up with and filing applications that are not patentable.
- Minimises the Chances of Infringement: By indicating current patents in the same field, a patent search helps avoid infringement of rights. This is particularly necessary for businesses intending to launch a product, as use of patented technology without authorisation can result in legal issues.
- According to some, it encourages more thorough and detailed Patent Drafting: Patent attorneys and inventors are able to draft more specific and understandable claims by being up to date with current technology. A compelling application is more likely to pass an examination and is more difficult to attack in a courtroom.
- Saves Cost, Time, and Effort: The patent application process requires extensive financial investment and manpower. A preliminary search guarantees that time is not squandered on ideas that are already patented or not distinctive.
- Supports R&D and Business Decisions: Patent searches reveal competitors’ activities, emerging technology, and untapped territories, fields with negligible prior art. Such intelligence influences research direction, product innovation, and investment plans.
- Critical for Freedom to Operate (FTO): Businesses perform FTO searches to determine relevant patents that could block market entry before a product is released. This helps reduce the risk of expensive settlements and related legal battles.
- Facilitates Collaboration and Licensing Options: While noting expired patents or licensable technologies, a patent search can provide opportunities for collaboration, innovation, and affordable product development.
- Enhances Legal Protection: A comprehensive patent search conducted ahead of time helps in valiantly defending the uniqueness and originality of the invention in case a company’s patent is challenged in opposition or litigation.
Conclusion
An Indian patent search is a critical process that assures the novelty of an invention, reduces legal exposure, and informs strategic filing of patents. It improves the quality and success of patent filings and is therefore a critical tool for innovators, entrepreneurs, and researchers in protecting and monetising intellectual property.
